Case Summary
The plaintiff, Vaikathappan Nidhi Limited, alleges that the defendants defaulted on a loan taken by the first defendant for self-employment, for which the second defendant was a guarantor. The plaintiff seeks to recover the outstanding loan amount along with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff’s firm is allowed to realize the plaint claim of ₹ 13,351/- and also to realize 9% interest from the defendants.
Case Type
Original Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the outstanding loan amount along with interest from the defendants.
Why Plaintiff Won:
The plaintiff established the case based on unrebutted evidence and documentation.
The plaintiff established the case based on unrebutted evidence and documentation.
Losing Side's Weaknesses:
The plaintiff established the case based on unrebutted evidence and documentation.
The plaintiff established the case based on unrebutted evidence and documentation.
Supporting Evidence
From the unrebutted evidence adduced by the plaintiff’s firm, I hold that the plaintiff is entitled to the relief as prayed for.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff’s firm is allowed to realize the plaint claim of ₹ 13,351/- and also to realize 9% interest from the defendants and their assets from the date of the suit ie, 12.04.2024 till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vaikathappan Nidhi Limited
- Relation
- represented by Managing Director C.K.Praveen
- Party Role
- Defendant
- Party Name
- Darsana Lenin
- Party Age
- 39
- Relation
- W/o Subhash C
- Party Role
- Defendant
- Party Name
- Subhash C
- Party Age
- 44
- Relation
- S/o Chellappan
Plaintiffs Documents
Certified copy of resolution of Director Board meeting dated 05.01.2024, Original promissory note dated 19.07.2022, Office copy of lawyer’s notice dated 22.01.2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.G.Pradeepan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realize the plaint claim of ₹ 13,351/- and interest.
Evidence:
I hold that the plaintiff is entitled to the relief as prayed for.
Documents & Evidence
Document Type:
Certified copy of resolution of Director Board meeting
Submitted By:
Plaintiff
Relevance:
Used to establish the authority of the plaintiff organization.
Reference:
Ext.A1
Document Type:
Original promissory note
Submitted By:
Plaintiff
Relevance:
Key document evidencing the loan agreement between the plaintiff and the first defendant.
Reference:
Ext.A2
Document Type:
Office copy of Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
Demands repayment of the loan amount from the defendants.
Reference:
Ext.A3
Document Type:
Returned cover with A/D Card
Submitted By:
Plaintiff
Relevance:
Evidence of unclaimed notice sent to the defendants.
Reference:
Ext.A4
Document Type:
Returned cover with A/D Card
Submitted By:
Plaintiff
Relevance:
Further evidence of unsuccessful attempts to notify the defendants.
Reference:
Ext.A5
Case Classification
Case Type
Original Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Recovery of money
Case Code
Case between Vaikathappan Nidhi Limited vs Darsana Lenin et al regarding realisation of money.
Case Code Year
Case between Vaikathappan Nidhi Limited vs Darsana Lenin et al regarding realisation of money.